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April 21, 2017

VIA ECFS

Marlene H. Dortch

Secretary

Federal Communications Commission

445 12th Street, SW

TWA-325

Washington, D.C. 20554

Re: In the Matter of Alex Nguyen v. Cellco Partnership d/b/a Verizon Wireless

Proceeding Number: 16-242; Bureau ID Number: EB-16-MD-003

Dear Ms. Dortch:

Enclosed please find Verizon’s Responses to Complainant’s First Set of Interrogatories in the

above-referenced proceeding. These responses are being filed and courtesy copies are being provided

pursuant to the Commission’s March 22, 2017 Protective Order in this proceeding.

Please contact the undersigned if you have any questions.

Respectfully submitted,

David Haga

Encl.

cc: Alex Nguyen

Rosemary H. McEnery

Lisa Saks

Michael Engel

Sandra Gray-Fields

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Before the

FEDERAL COMMUNICATIONS COMMISSION

Washington, D.C. 20554

Alex Nguyen

Complainant,

v.

Cellco Partnership d/b/a Verizon Wireless,

Defendant.

Proceeding Number 16-242

Bureau ID Number EB-16-MD-003

VERIZON’S RESPONSES TO

COMPLAINANT’S FIRST SET OF INTERROGATORIES

Pursuant to 47 C.F.R. § 1.729(c) and the Enforcement Bureau’s March 22, 2017 letter

order (“Letter Order”), Defendant Cellco Partnership d/b/a Verizon Wireless (“Verizon”) hereby

provides its responses to the First Set of Interrogatories served by Complainant Alex Nguyen. In

accordance with the Letter Order, Verizon is providing responses to Interrogatory Nos. 2-5 and

9, as modified by the Letter Order.

General Objections

Verizon reserves and incorporates herein any of the general and specific objections from

its initial September 22, 2016 opposition and objections to Complainant’s interrogatories that

were not specifically addressed by the Letter Order. Subject to and without waiving those

objections, Verizon responds to Complainant’s interrogatories as follows:

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Responses to Interrogatories

Interrogatory No. 2: When did Verizon begin to work with Apple to obtain the IMEI ranges of

iPhone 6 and iPhone 6 Plus devices sold by sources other than Verizon? Explain why Verizon

took until August 13, 2015 to allow customers to order SIM cards for third-party devices even

though they sought approval to do so at least as early as September 22, 2014 and identify all

communications (including but not limited to communications with Apple and communications

within Verizon) related to efforts to obtain the IMEI ranges of iPhone 6 and iPhone 6 Plus

devices sold by sources other than Verizon.

Verizon’s Response:

Verizon requested that Apple provide the International Mobile Equipment Identity

(“IMEI”) ranges for iPhone 6 and iPhone 6 Plus devices that would be sold by sources other than

Verizon beginning [BEGIN CONFIDENTIAL]

[END CONFIDENTIAL]

Prior to the launch of the iPhone 6 and iPhone 6 Plus devices, versions of the Apple

iPhone that were sold by other carriers were not the same as those sold by Verizon and were not

compatible with the Verizon network. The Apple iPhone 5s and earlier generations of iPhones

that were designed for Global System for Mobiles (“GSM”) networks did not support Code

Division Multiple Access (“CDMA”) and, therefore, could not be used on Verizon’s CDMA-

based network. See Answer of Cellco Partnership d/b/a Verizon Wireless (“Answer”) ¶ 50.

Verizon had an incentive to want customers who purchased iPhones from other carriers

to be able to use those devices on the Verizon network: allowing those customers to bring their

existing devices would help Verizon gain those customers’ business. [BEGIN

CONFIDENTIAL]

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[END CONFIDENTIAL]

In addition, Verizon had to put in new processes and make other system modifications

that would accommodate the use of iPhone 6 and iPhone 6 Plus devices purchased from other

sources on the Verizon network. There was no existing “Bring Your Own Device” (“BYOD”)

process for iPhones. As noted above, the previous versions of the Apple iPhones made for other

networks could not be used on Verizon’s CDMA network, so new steps were necessary to

accommodate customers bringing their own iPhones to the network for the first time. Once those

steps were completed, Verizon provided Verizon-specific SIM cards to customers to allow them

to use iPhone 6 and iPhone 6 Plus devices purchased from other sources on the Verizon

network.

As Verizon advised Mr. Nguyen before he filed the formal complaint, customers have

been able to use iPhone 6 and iPhone 6 Plus devices purchased from sources other than Verizon

on the Verizon wireless network since 2015. This issue therefore was resolved long before Mr.

Nguyen filed his formal complaint and served this interrogatory.

Interrogatory No. 3: Identify all “Verizon Wireless software” installed on Nexus 6

smartphones sold by Verizon, and indicate which software, if any, are necessary for connectivity

with the Verizon Wireless network. In addition, describe what information, if any, Verizon

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possessed regarding whether such software was installed on the same hardware sold by

competing sources before Verizon started selling the Nexus 6.

Verizon’s Response:

Mr. Nguyen’s allegations regarding the Nexus 6 smartphones were the subject of a prior

informal complaint that Mr. Nguyen filed with the Commission on May 20, 2015. Verizon

responded to that informal complaint in July 2015, advising Mr. Nguyen that he could use the

Nexus 6 smartphone he purchased from a source other than Verizon on the Verizon Wireless

network at that time. Thus, this issue was resolved nearly two years ago – and approximately a

year before Mr. Nguyen included it his formal complaint and served this interrogatory.

After Mr. Nguyen served this interrogatory, Verizon further addressed his allegations and

the relevant facts relating to the Nexus 6 smartphones in its answer to Mr. Nguyen’s formal

complaint. See, e.g., Answer ¶¶ 52-54. Verizon hereby refers to and incorporates that portion of

its Answer in response to this Interrogatory.

In addition to the information already provided, Verizon further states that [BEGIN

CONFIDENTIAL]

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[END CONFIDENTIAL]

Interrogatory No. 4: When did Verizon begin to work with Google to deliver "Verizon

Wireless software" to Nexus 6 devices sold by sources other than Verizon? Identify all test

results and communications (including but not limited to communications with Google and

communications within Verizon) that demonstrate Verizon "worked with Google" to deliver this

software and explain why third-party device owners couldn't get this software (A) when Google

started selling the Nexus 6 on October 29, 2014 or (B) when Verizon started selling the Nexus 6

on March 12, 2015.

Verizon’s Response:

Please see the response to Interrogatory No. 3, above.

Interrogatory No. 5: Explain why any Apple SIMs embedded in iPads Verizon markets are

disabled, including, but not limited to, describing Verizon's specific technical requirements that

justify the disabling of embedded Apple SIMs.

Verizon’s Response:

In order for devices to connect properly and safely with the Verizon Wireless network,

Verizon requires that those devices utilize a Verizon-specific SIM card. See generally

https://opennetwork.verizonwireless.com/content/open-development/get-certified.html, LTE

3GPP Band 13 Network Access (Requirement ID: VZ_REQ_LTEB13NAC_6267)(§

1.2.1.1.1). Using a Verizon-specific SIM ensures proper connectivity and functionality, and

helps avoid interference or other issues with the user experience.

The Commission’s rules allow for this approach, as Verizon is permitted to set reasonable

technical requirements for accessing its network (see, e.g., 47 C.F.R. §§ 8.5, 8.11, 27.16(b)) –

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which undoubtedly would include setting requirements for SIM cards to protect network security

and integrity and ensure that devices connect to and function properly on the network.

The requirement to use a Verizon-specific SIM applies to all devices. [BEGIN

CONFIDENTIAL]

[END CONFIDENTIAL] Likewise, the GSMA industry standards for smartphones

and tablets that Verizon follows do not provide for accommodation and support of a

nonstandard, proprietary, embedded SIM like that built in to at least some versions of the 9.7-

inch iPad Pro.

The Commission’s rules allow Verizon and other carriers the flexibility to choose what

devices they wish to sell on a retail basis. [BEGIN CONFIDENTIAL]

[END CONFIDENTIAL]

However, whether purchased directly from Verizon or from a different source, the Apple

9.7-inch iPad Pro can connect with the Verizon network with a Verizon-specific SIM – just like

any other device. And, just like any other device, customers can take an Apple 9.7-inch iPad Pro

they purchase from Verizon and use it on another carrier’s network, using a SIM that works on

that carrier’s network (assuming the device otherwise is compatible with and supported by that

carrier’s network).

Interrogatory No. 9: Did Verizon communicate with HTC about FM radio capabilities in its

One M8 or One M9 smartphones or with LG about FM radio capabilities in its G4 or G5

smartphones? Identify all communications (including but not limited to communications with

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HTC and LG and communications within Verizon) related to these devices and FM radio

capabilities.

Verizon’s Response:

After Mr. Nguyen served this interrogatory, Verizon addressed his allegations with

respect to FM radio capabilities in its Answer. See Answer ¶¶ 70-78. Verizon otherwise is not

aware of any communications with HTC or LG regarding FM radio capabilities in the referenced

devices. Should Verizon discover any such communications, it will supplement this response

accordingly.

Respectfully submitted,

Christopher M. Miller

David L. Haga

1320 N. Courthouse Road, 9th

Floor

Arlington, VA 22201

(703) 351-3065

Attorneys for Cellco Partnership

d/b/a Verizon Wireless

April 21, 2017

CERTIFICATION REGARDING INTERROGATORY NO. 5

I, Samir Vaidya, Executive Director – Technology for Verizon, hereby certify that the

foregoing response to Interrogatory No. 5 is true and correct to the best of my knowledge,

information, and belief.

__________________________

April __, 2017

CERTIFICATE OF SERVICE

I hereby certify that on this 21st day of April, 2017 the foregoing “Verizon’s Responses to

Complainant’s Interrogatories” was served on the following people in the manner indicated

below:

Via Hand Delivery and ECFS*

Marlene H. Dortch

Secretary

Federal Communications Commission

445 12th

Street, SW

Room TW-A-325

Washington, DC 20554

Via Email and Overnight Mail

Mr. Alex Nguyen

1050 Kiely Blvd # 2608

Santa Clara, CA 95055

communicator@doubleperfect.com

Via Email and Hand Delivery

Rosemary H. McEnery

Acting Chief

Market Disputes Resolution Division

Enforcement Bureau

Federal Communications Commission

445 12th

Street SW

Washington, DC 20554

rosemary.mcenery@fcc.gov

Via Email and Hand Delivery

Lisa Saks

Market Disputes Resolution Division

Enforcement Bureau

Federal Communications Commission

445 12th

Street SW

Washington, DC 20554

lisa.saks@fcc.gov

Via Email and Hand Delivery

Sandra Gray-Fields

Market Disputes Resolution Division

Enforcement Bureau

Federal Communications Commission

445 12th

Street SW

Washington, DC 20554

sandra.gray-fields@fcc.gov

Via Email and Hand Delivery

Mr. Michael Engel

Market Disputes Resolution Division

Enforcement Bureau

Federal Communications Commission

445 12th

Street SW

Washington, DC 20554

michael.engel@fcc.gov

* Redacted version only filed on ECFS.

/s/ David Haga

David Haga